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200203244 At We option of Beneficiary, all of any Part of the agreed fees and charges, accrued interest and principal stroll become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytiw thereafter. In addition, Beneficiary shall be entitled to all the remedies provided by law, the Evidence of Debt, other evidences of debt, this Deed of Trust and any related documents including without limitation, the power to sell the Property. If there is a default, Trustee shall, in addition to any other permitted remedy, at the request of the Beneficiary, advertise and sell the Property as a whole Or in separate parcels at public auction to the highest bidder for cash and convey absolute title free and clear of all right, title and interest of Till at such time and place its'fmslcr designates. Trustee shag give notice of sale including We time, terms and place of sale and a description of the property to be sold as required by the applicahle law in effect at the time of We proposed sale. f Ipon sate of the property and to the extent not prohibited by law, 1'mstcc shah rake and deliver a deed to the Property ,old which conveys absolute title to the purchaser, and after first paying all fees, charges and costs, shall pay fn Beneficiary all moneys advanced for repairs, taxes, insurance, news, assessments and prior encumbrances and interest thereon, and the principal and interest on the Secured Debt, paying We surplus, it any, to Trustee. Beneficiary Only purchase the Property. The recitals in any deed of conveyance shall be prim facie evidence of the facts set forth therein. All remedies are distinct, cumulative and not exclusive, and the Beneficiary is entitled to all remedies provided at law or equity, whether expressly act forth or not. The acceptance by Beneficiary of any sum 3mi payment or partial payment on the Seemed Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Beneficiary's right to require full and complete cure of any existing default. By not exercising any remedy On Trustor's default, Beneficiary does not waive Beneficiary's right to brief consider the event a default if it continues or happens again. 15. EXPENSFS; ADVANCES ON COVENAN'T'S; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Trainor agrees to pay all of Beneficiary's expenses if Traeger breaches any covenant in this Deed of Trust Trustor will also pay on demand all of Beneficiary's expenses incurred to collecting, insisting, preserving or protecting the Property or in any inventories, audits, inspections or other examination by Beneficiary in respect to We Property. Toaster agrees to pay all costs and cxpemes incurred by Beneficiary in enforcing or protecting Beneficiary's rights and remedies under this Deed of Trust, including, but not limited to, attorneys' fees, court costs, and other legal expenses. Once the Secured Debt is fully and finally paid, Beneficiary agrees to release this Deed of Trust and Tmstor agrees no pay for any recordation vests. All such amounts are due nn demand and will bear interest from the time of the advance at the highest rate in effect, from tune to time, as provided in the Evidence of Debt and as permitted by law. 19. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) "Environmental Law" means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 4501 or Seq.), all other federal, state and local laws, regulations, ordinances, court Orders, attorney general opinions or interpretive letters concerning We public health, safety, w,Ifuo, environment or a hazardous substance; and (2) Theerdnu, Substance" mean, any toxic, radioactive or hazardous material, waste, Pollutant or emnaminant which has characteristics which trader the substance dangerous or PrnuLLially dangerous to the public health, safety, welfare or clhezadou.,was The e" or "baearduus substance "muntlernany any Euvirontumeried eLaw Truster rep esents1ewarra "toxic substances," tins and agrees that, except as previously disclosed and acknowledged in writing: A. No Hazardous Substance has been, is, or will be located, unreported, manufactured, treated, refined, or handled by any person on, under or about the Property, except in the ordinary course of business and in strict compliance with all applicable Euv ionmemal Law. B. Truster has not and will not cause, contribute to, or permit the release of any Iazamous Substance no the Property . C. Trustor will immnediately notify Beneficiary if (1) a release Or threatened release of Ilnsardous Substance occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) Were is a violation Of an ru y Eavironeraal Law concerning the Property. In such an event, Trustor will take all necessary remedial action in accordance with Environmental Law. D. Truster has no knowledge of or reason to believe them is any pending or threatened investigation, claim, or proceeding Of any find relating to (1) any Hazardous Substance located on, under or ahom the Property; or (2) any violation by Truant or any truant Of any Environmental Law. Trustor will immediately notify Beneficiary in writing as Soon as Tmstur has reaeu to believe Were is any such pending or threatened investigation, claim, Or proceeding. In such au event, Beneficiary has the right, bill not the Obligation, to participate in any such proceeding including We right to receive copies of any documents relating to such pmu:edings. E. Truster and every remain have been, are and shall remain in full compliance with any applicable Eavironmer al Law. f. There are an underground storage ranks, private dumps or Open wells located on or under the Property, and no such tank, dump Or well will be added unless Beneficiary rust comsouts in writing. G. Truster will regularly inspect the Property, monitor We activities and operations on the Property, and confirm That all permits, nemeses or approvals required by any applicable Bnvimmrumml Law are Obtained and complied with. H. Trustor will permit, or cause ally errant to permit, Beneficiary or Beneficiary's agent to enter and inspect the Property and review all records at any reasonable title to determine (1) the existence, location and mme Of any Hazardous Substance on, under or about the Property; (2) the existence, lotion, aware, and magnitude of any Hazardous Substance that has been released on, under of about We Property; or (3) whether or not Trustor and any tenant are in compliance with applicable Environmental Law. 1, Upon Beneficiary's request and at any rime, Trustor agrees, at Tmstor's expense, to engage a qualified envimrmxemal engiucer to prepare au environmental audit of We Property and a submit the results of such audit to Beneficiary. The choice of the environmental engineer who will perform such audit is subject to Beneficiary's approval. I. Beneficiary has the right, but not the Ohligation, to perform any of Tmstor s obligations under this section at Trustor'. expense. K. As a consequence of any breach of any femesentanion, warranty or promise made in this section, (1) 'Pmstor will indemnify mid hold Beneficiary and Beneficiary's successors or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, including without limitation all costs of litigation and attorneys' lees, which Beneficiary and Beneficiary's ucoessors or assigns may SUAWL; and (2) at Beneficiary's discretion, Beneficiary may release this Deed of Trust and in return 'fuser will Provide Beneficiary with collateral of at least equal value to the Property secured by this Deed of Trust without prejudice to any of Beneficiary's rights under this Deed of'I "St. page d of b 019A.nI— syaem41- *1 Llwd. MN 11..1.1 jg611 Foam Bn(W DT.NE WN e...